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NOTICE OF MOTION

Tajuddin Anwar Ahmed ShaikhVsMCGM +1 more

CNR MHCC01000446201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 15th December 2021

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100155/2019
Registration Date
11 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Court is busy in hearing and dictating order on Chamber Summons in suit nos.705/19, 706/19 and 709/19 as well as Court has to hear urgent matters, hence case is adjourned to 20/06/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: As court is busy in hearing ad-interim matter, the board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 09.08.2019 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Advocate Pal for plaintiff present and sought time to tender registered NM. Time is granted as last opportunity. Failure of plaintiff to tender registered NM by next date will result in its dismissal without reference to the Court.
    Advocate Giri for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 10.10.2019 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Advocate Pal h/f adv. P.F.Singh for plaintiff present and filed original Notice of Motion No. 155/19  along with affidavit in support of Notice of Motion. T.O.R.
    Advocate Ms. Mhatre for defendant/MCGM present and filed reply cum Written Statement. TOR and marked as Exh. 2
    Earlier order to continue till next date.
    The case is adjourned to 21.11.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Mr. Pal for plaintiff present, submits that plan was approved by MCGM, in another matter copy is supplied to MCGM.
    Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd to take instruction.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 31.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Adv. Mr. Pal for plff. present.
    Adv. Mrs. Tondawalkar for deft./MCGM present, prayedfor adjd to file reply in respect of how much structure is regularized. Concern officer Mr. Jagdish Sarang, Sub Engg. \''L\'' Ward (B and P) is present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 10.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv. Mr. Pal h/f adv. Mr. Pratap Singh for plff present.
    Adv. Mrs. Tondwalkar for deft./MCGM present, submits that instruction are yet to received from sub Engg. L ward Mr. Sarang, (B and P).
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 09.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Adv. Mr. Pal for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Exh.3- List of documents filed by Deft/MCGM, copy supplied to plff.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 12.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Adv. Mr. Pratap Singh for plff present.
    Adv. Mrs. Tondwalkar for deft./MCGM present, submit that in view of remark dtd.15.02.2020, part structure is regularize as filed vide Exh.3.  Adv. Mr. Pratap Singh requested for short time to verify the factual accept from his client.
    Exh.3- List of documents filed by MCGM, dtd. 15.02.2020.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 24.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: None for plff.
    Adv. Ms. Mhatre for deft.no./MCGM.
    Plff to clarify in respect of observation in roznama dt. 12.03.2020.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 11.12.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: HHJ is on leave. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Pal for plaintiff present.
    Adv. Mhatre for deft./MCGM present with Officer Jagdish Sarang Sub Engineer Building Proposal and submitted that the area of notice structure is regularized as per sanctioned plan .
    Earlier order if any to continue till next date.
    Matter is adjourned for NM hearing to 14.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Pal for plaintiff present.
    Adv. Adv Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for NM hearing to 29.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Pal for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM hearing to 10.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Viraj Singh for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM hearing to 15.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Mr. Pratap Singh for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to verify the aspect as regards regularisation of the structure. The matter is adjourned shortly. KB LO at 4.30 pm.
    Same appearance as above. The ld advocates for the sides submitted that the structure has been regularised and therefore, the suit may be disposed off finally.
    Heard both sides.
    The record reveals that in view of the roznama dtated 17.03.2021, Mr. Jagdish Sarang, Sub-Engineer, Building Proposal, for the defendant submitted that, the area of notice structure is regularised as per sanctioned plan. Today, Adv. for the plaintiff and defendant brought the document filed alongwith  the list of document Exh. 3 to the notice of this Court. It fortifies the regularisation of the area of notice structure. In view of changed circumstance, as is submitted by the advocates for both the sides, nothing remains to proceed with the suit. This position is also admitted to the advocates of the both sides.  In the result, the suit, NM 155/2019 and C/S 2175/2019 along-with all the pending applications stand disposed off. The parties to bear their own costs. Bill of cost be drawn-up accordingly.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 15-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100501/2019
    Filing Date: 11-01-2019
    First Hearing Date: 11th January 2019
    Decision Date: 15th December 2021
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Dec 2021

    Order Details: Other Pdf Text: 15.12.2021 50 CORAM: H.H.J. SHRI. A. G. SANTANI (C.R.NO.11) SU 2283/18 NM 155/19 C/S 2175/18 Adv. Mr. Pratap Singh for plaintiff is present. Adv. Mr. Khandagale for Defendant/MCGM is present. Adv. for the defendant orally requested for time to verify the aspect as regards regularisation of the structure. The matter is adjourned shortly. KB LO at 4.30 pm. Same appearance as above. The ld advocates for the sides submitted that the structure has been regularised…

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